References: [1850] EngR 295, (1850) 14 QB 781, (1850) 117 ER 301
Links: Commonlii
Coram: Patteson J
Patteson J said: ‘When a recital is intended to be a statement which all parties to the deed have mutually agreed to admit as true, it is an estoppel upon all. But, when it is intended to be the statement of one party only, the estoppel is confined to that party, and the intention is to be gathered from construing the instrument.’
This case is cited by:
- Cited – Prime Sight Ltd -v- Lavarello PC ([2013] WLR (D) 514, Bailii, [2013] UKPC 22, WLRD, [2014] 2 WLR 84, [2013] 4 All ER 659, [2014] 1 AC 436)
(Gibraltar) Parties to a contract for the sale of land including the appellant company declared a purchase price which both knew to be false. Faced with insolvency proceedings, the appellant sought to challenge a claim for the full amount.